By Zaffirini                                           S.B. No. 308
         77R1053 JJT-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the continuation and functions of the State Soil and
 1-3     Water Conservation Board and to the election of directors of local
 1-4     soil and water conservation districts.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 201.004(a), Agriculture Code, is amended
 1-7     to read as follows:
 1-8           (a)  If this chapter requires that notice of a hearing or an
 1-9     election be given, the entity responsible for giving notice shall:
1-10                 (1)  publish notice at least twice, with an interval of
1-11     at least seven days between the publication dates, in a newspaper
1-12     or other publication of general circulation within the appropriate
1-13     area; and [or]
1-14                 (2)  post notice for at least two weeks at a reasonable
1-15     number of conspicuous places within the appropriate area,
1-16     including, if possible, public places where it is customary to post
1-17     notices concerning county or municipal affairs generally.
1-18           SECTION 2. Section 201.0141, Agriculture Code, is amended to
1-19     read as follows:
1-20           Sec. 201.0141.  INELIGIBILITY TO SERVE ON BOARD. (a)  In this
1-21     section, "Texas trade association" means a cooperative and
1-22     voluntarily joined association of business or professional
1-23     competitors in this state designed to assist its members and its
1-24     industry or profession in dealing with mutual business or
 2-1     professional problems and in promoting their common interest.
 2-2           (b)  A person may not be [serve as] a member of the state
 2-3     board or act as the general counsel to the state board if the
 2-4     person is required to register as a lobbyist under Chapter 305,
 2-5     Government Code, because [by virtue] of the person's activities for
 2-6     compensation [in or] on behalf of a profession related to the
 2-7     operation of the state board.
 2-8           (c) [(b)]  A person may not be [serve as] a member of the
 2-9     state board and may not [or] be a state board [an] employee
2-10     employed in a "bona fide executive, administrative, or professional
2-11     capacity," as that phrase is used for purposes of establishing an
2-12     exemption to the overtime provisions of the federal Fair Labor
2-13     Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its
2-14     subsequent amendments, if:
2-15                 (1)  the person is an officer, employee, or paid
2-16     consultant of a Texas trade association in the field of soil and
2-17     water conservation; or
2-18                 (2)  the person's spouse is an officer, manager, or
2-19     paid consultant of a Texas trade association in the field of [of
2-20     the board if the person is an officer, employee, or paid consultant
2-21     of a statewide association whose primary purpose is soil and water
2-22     conservation.]
2-23           [(c)  A person may not serve as a member of the state board
2-24     or be an employee of the board of the grade 17 or over, including
2-25     exempt employees, according to the position classification schedule
2-26     under the General Appropriations Act, if the person cohabits with
2-27     or is the spouse of an officer, managerial employee, or paid
 3-1     consultant of a statewide association whose primary purpose is]
 3-2     soil and water conservation.
 3-3           SECTION 3.  Subchapter B, Chapter 201, Agriculture Code, is
 3-4     amended by adding Section 201.0142 to read as follows:
 3-5           Sec. 201.0142.  TRAINING PROGRAM FOR MEMBERS OF STATE BOARD.
 3-6     (a)  A person who is elected and qualifies for office as a member
 3-7     of the state board may not vote, deliberate, or be counted as a
 3-8     member in attendance at a meeting of the state board until the
 3-9     person completes a training program that complies with this
3-10     section.
3-11           (b)  The training program must provide the person with
3-12     information regarding:
3-13                 (1)  the legislation that created the state board;
3-14                 (2)  the programs operated by the state board;
3-15                 (3)  the role and functions of the state board;
3-16                 (4)  the rules of the state board, with an emphasis on
3-17     the rules that relate to disciplinary and investigatory authority;
3-18                 (5)  the current budget for the state board;
3-19                 (6)  the results of the most recent formal audit of the
3-20     state board;
3-21                 (7)  the requirements of:
3-22                       (A)  the open meetings law, Chapter 551,
3-23     Government Code;
3-24                       (B)  the public information law, Chapter 552,
3-25     Government Code;
3-26                       (C)  the administrative procedure law, Chapter
3-27     2001, Government Code; and
 4-1                       (D)  other laws relating to public officials,
 4-2     including conflict-of-interest laws; and
 4-3                 (8)  any applicable ethics policies adopted by the
 4-4     state board or the Texas Ethics Commission.
 4-5           (c)  A person appointed to the state board is entitled to
 4-6     reimbursement, as provided by the General Appropriations Act, for
 4-7     the travel expenses incurred in attending the training program,
 4-8     regardless of whether attendance at the program occurs before or
 4-9     after the person qualifies for office.
4-10           SECTION 4.  Section 201.0151, Agriculture Code, is amended to
4-11     read as follows:
4-12           Sec. 201.0151.  REMOVAL FROM BOARD. (a)  It is a ground for
4-13     removal from the state board that [if] a member:
4-14                 (1)  does not have at the time of election the
4-15     qualifications required by Subsection (c) of Section 201.013 of
4-16     this code;
4-17                 (2)  does not maintain during service on the state
4-18     board the qualifications required by Subsection (c) of Section
4-19     201.013 of this code;
4-20                 (3)  is ineligible for membership under [violates a
4-21     prohibition in] Section 201.0141 of this code;
4-22                 (4)  cannot, because of illness or disability,
4-23     discharge [is unable to perform] the member's duties for a
4-24     substantial portion of the member's term [for which the member was
4-25     elected because of illness or disability]; or
4-26                 (5)  is absent from more than half of the regularly
4-27     scheduled state board meetings that [during each calendar year
 5-1     which] the member is eligible to attend during a calendar year,
 5-2     without an excuse approved [except when the absence is excused] by
 5-3     a majority vote of the state board.
 5-4           (b)  The validity of an action of the state board is not
 5-5     affected by the fact that the action was taken when a ground for
 5-6     removal of a state board [existed for a] member exists [of the
 5-7     board].
 5-8           (c)  If the executive director has knowledge [knows] that a
 5-9     potential ground for removal exists, the executive director shall
5-10     notify the chairman of the state board.  The chairman shall then
5-11     notify the governor and the attorney general that a potential
5-12     ground for removal exists.  If the potential ground for removal
5-13     involves the chairman, the executive director shall notify the next
5-14     highest ranking officer of the state board, who shall then notify
5-15     the governor and the attorney general that a potential ground for
5-16     removal exists.
5-17           SECTION 5.  Section 201.019(f), Agriculture Code, is amended
5-18     to read as follows:
5-19           (f)  The executive director or the executive director's
5-20     designee [state board] shall provide to [its] members of the state
5-21     board and state board employees, as often as [is] necessary,
5-22     information regarding the requirements for office or employment
5-23     [their qualifications] under this chapter, including information
5-24     regarding a person's [and their] responsibilities under applicable
5-25     laws relating to standards of conduct for state officers and
5-26     employees.
5-27           SECTION 6.  Section 201.0191, Agriculture Code, is amended to
 6-1     read as follows:
 6-2           Sec. 201.0191.  EQUAL OPPORTUNITY EMPLOYMENT. (a)  The
 6-3     executive director or the executive director's designee shall
 6-4     prepare and maintain a written policy statement that implements [to
 6-5     assure implementation of] a program of equal employment opportunity
 6-6     to ensure that [whereby] all personnel decisions [transactions] are
 6-7     made without regard to race, color, disability [handicap], sex,
 6-8     religion, age, or national origin.
 6-9           (b)  The policy statement must include:
6-10                 (1)  personnel policies, including policies relating to
6-11     recruitment, evaluation, selection, [appointment,] training, and
6-12     promotion of personnel, that show the intent of the state board to
6-13     avoid the unlawful employment practices described by Chapter 21,
6-14     Labor Code; and
6-15                 (2)  an [a comprehensive] analysis of the extent to
6-16     which the composition of the state board's personnel is in
6-17     accordance with state and [agency's work force that meets] federal
6-18     law and a description of [state guidelines;]
6-19                 [(3)  procedures by which a determination can be made
6-20     of significant underutilization in the agency's work force of all
6-21     persons of whom federal or state guidelines encourage a more
6-22     equitable balance; and]
6-23                 [(4)]  reasonable methods to achieve compliance with
6-24     state and [appropriately address areas of significant
6-25     underutilization in the agency's work force of all persons of whom]
6-26     federal law [or state guidelines encourage a more equitable
6-27     balance].
 7-1           (c) [(b)]  The policy statement must:
 7-2                 (1)  [shall] be filed with the governor's office;
 7-3                 (2)  [before November 1, 1985, cover an annual period,
 7-4     and] be updated [at least] annually; and
 7-5                 (3)  be reviewed by the Commission on Human Rights for
 7-6     compliance with Subsection (b)(1). [The governor shall develop a
 7-7     biennial report to the legislature based on the information
 7-8     submitted.  The report may be made separately or as a part of other
 7-9     biennial reports made to the legislature.]
7-10           SECTION 7.  Subchapter B, Chapter 201, Agriculture Code, is
7-11     amended by adding Section 201.0192 to read as follows:
7-12           Sec. 201.0192.  STATE EMPLOYEE INCENTIVE INFORMATION. The
7-13     executive director or the executive director's designee shall
7-14     provide to state board employees information and training on the
7-15     benefits and methods of participating in the state employee
7-16     incentive program under Subchapter B, Chapter 2108, Government
7-17     Code.
7-18           SECTION 8.  Section 201.023(a), Agriculture Code, is amended
7-19     to read as follows:
7-20           (a)  Except as provided by Section 201.081 [201.080 of this
7-21     code], the state board shall deposit all money and securities
7-22     received by it in the state treasury to the credit of a special
7-23     fund known as the state soil conservation fund.  That fund shall be
7-24     appropriated to the state board for use in the administration of
7-25     this chapter and is subject to the same care and control while in
7-26     the state treasury as other funds of the state.
7-27           SECTION 9.  Section 201.0231, Agriculture Code, is amended to
 8-1     read as follows:
 8-2           Sec. 201.0231.  COMPLAINTS. (a)  The state board shall
 8-3     maintain a [keep an information] file on [about] each written
 8-4     complaint filed with the state board.
 8-5           (b)  The file must include:
 8-6                 (1)  the name of the person who filed the complaint;
 8-7                 (2)  the date the complaint is received by the state
 8-8     board;
 8-9                 (3)  the subject matter of the complaint;
8-10                 (4)  the name of each person contacted in relation to
8-11     the complaint;
8-12                 (5)  a summary of the results of the review or
8-13     investigation of the complaint; and
8-14                 (6)  an explanation of the reason the file was closed,
8-15     if the state board closed the file without taking action other than
8-16     to investigate the complaint.
8-17           (c)  The state board shall provide to the person filing the
8-18     complaint and to each person who is a subject of the complaint a
8-19     copy of the state board's policies and procedures relating to
8-20     complaint investigation and resolution.
8-21           (d)  The [If a written complaint is filed with the] state
8-22     board, at least quarterly until final disposition of the complaint,
8-23     [the board] shall notify the person filing the complaint and each
8-24     person who is a subject of [parties to] the complaint of [at least
8-25     quarterly regarding] the status of the investigation unless the
8-26     notice would jeopardize an undercover investigation [complaint].
8-27           SECTION 10.  Section 201.025, Agriculture Code, is amended to
 9-1     read as follows:
 9-2           Sec. 201.025.  SUNSET PROVISION. The State Soil and Water
 9-3     Conservation Board is subject to Chapter 325, Government Code
 9-4     (Texas Sunset Act).  Unless continued in existence as provided by
 9-5     that chapter, the board is abolished and this chapter expires
 9-6     September 1, 2013 [2001].
 9-7           SECTION 11.  Section 201.026, Agriculture Code, is amended to
 9-8     read as follows:
 9-9           Sec. 201.026.  NONPOINT SOURCE POLLUTION. (a)  The state
9-10     board is the lead agency in this state for activity relating to
9-11     abating agricultural and silvicultural nonpoint source pollution.
9-12           (b)  The state board shall:
9-13                 (1)  plan, implement, and manage programs and practices
9-14     for abating agricultural and silvicultural nonpoint source
9-15     pollution;
9-16                 (2)  have as a goal:
9-17                       (A)  setting priorities among voluntary efforts
9-18     to reduce nonpoint source pollution and promoting those efforts in
9-19     a manner consistent with the priorities; and
9-20                       (B)  assisting landowners in avoiding enforcement
9-21     actions necessitated by nonpoint source pollution; and
9-22                 (3)  provide to the agricultural community information
9-23     regarding the jurisdictions of the state board and the Texas
9-24     Natural Resource Conservation Commission related to nonpoint source
9-25     pollution.
9-26           (c)  Other state agencies with responsibility for abating
9-27     agricultural and silvicultural nonpoint source pollution shall
 10-1    coordinate any abatement programs and activities with the state
 10-2    board.
 10-3          (d) [(b)]  The state board shall represent the state before
 10-4    the federal Environmental Protection Agency or other federal
 10-5    agencies on a matter relating to agricultural or silvicultural
 10-6    nonpoint source pollution.  Nothing herein shall impair the ability
 10-7    of the General Land Office to represent the state before any
 10-8    federal agency in matters relating to the state's participation in
 10-9    the federal coastal zone management program. Nothing herein shall
10-10    impair the ability of the Texas Natural Resource Conservation
10-11    Commission to represent the state before any federal agency in
10-12    matters relating to the state's overall participation in the
10-13    Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
10-14    seq.).
10-15          (e) [(c)]  In an area that the state board identifies as
10-16    having or having the potential to develop agricultural or
10-17    silvicultural nonpoint source water quality problems or an area
10-18    within the "coastal zone" designated by the Coastal Coordination
10-19    Council, the state board shall establish a water quality management
10-20    plan certification program that provides, through local soil and
10-21    water conservation districts, for the development, supervision, and
10-22    monitoring of individual water quality management plans for
10-23    agricultural and silvicultural lands.  Each plan must be developed,
10-24    maintained, and implemented under rules and criteria adopted by the
10-25    state board and comply with state water quality standards
10-26    established by the Texas Natural Resource Conservation Commission.
10-27    The state board shall certify a plan that satisfies the state
 11-1    board's rules and criteria and complies with state water quality
 11-2    standards established by the Texas Natural Resource Conservation
 11-3    Commission under the commission's[.  The Texas Natural Resource
 11-4    Conservation Commission has the sole and] exclusive authority to
 11-5    set water quality standards for all water in the state.
 11-6          (f)  The state board shall immediately notify the Texas
 11-7    Natural Resource Conservation Commission when the state board
 11-8    decertifies a water quality management plan for an animal feeding
 11-9    operation.
11-10          (g)  The state board shall update the state board's
11-11    identification of priority areas for the control of nonpoint source
11-12    pollution at least every four years.  The state board, in
11-13    considering changes to the identified priority areas, shall
11-14    consider:
11-15                (1)  bodies of water the Texas Natural Resource
11-16    Conservation Commission has identified as impaired through the
11-17    maximum daily load process;
11-18                (2)  threatened areas in which action is necessary to
11-19    prevent nonpoint source pollution; and
11-20                (3)  other areas of concern, including groundwater
11-21    concerns.
11-22          (h) [(d)]  Complaints concerning a violation of a water
11-23    quality management plan or a violation of a law or rule relating to
11-24    agricultural or silvicultural nonpoint source pollution under the
11-25    jurisdiction of the state board shall be referred to the state
11-26    board.  The state board, in cooperation with the local soil and
11-27    water conservation district, shall investigate the complaint. On
 12-1    completion of the investigation, the state board, in consultation
 12-2    with the soil and water conservation district, either shall
 12-3    determine that further action is not warranted or shall develop and
 12-4    implement a corrective action plan to address the complaint.  If
 12-5    the person about whom the complaint has been made fails or refuses
 12-6    to take corrective action, the state board shall refer the
 12-7    complaint to the Texas Natural Resource Conservation Commission.
 12-8          SECTION 12.  Subchapter B, Chapter 201, Agriculture Code, is
 12-9    amended by adding Section 201.027 to read as follows:
12-10          Sec. 201.027.  ENFORCEMENT REFERRALS RECORDS. (a)  The state
12-11    board shall maintain detailed records about each state board
12-12    referral of a farming operation to the Texas Natural Resource
12-13    Conservation Commission for enforcement.
12-14          (b)  Records maintained under Subsection (a) must include
12-15    information regarding the final disposition of the referral by the
12-16    Texas Natural Resource Conservation Commission, including any
12-17    enforcement action taken against the farming operation.
12-18          SECTION 13.  Section 201.073, Agriculture Code, is amended to
12-19    read as follows:
12-20          Sec. 201.073.  ELECTION OF DIRECTORS. (a)  Except as provided
12-21    for the initial election of directors, the persons who are eligible
12-22    voters and own land in a conservation district are entitled to
12-23    elect the directors for the district.  For that purpose, the
12-24    eligible voters shall meet each year on a date and at a time and
12-25    place designated by the existing board of directors.  The directors
12-26    shall designate for the election a date that is after September 30
12-27    and before October 16.  During July of each year, the directors
 13-1    shall designate a date, time, and place for that year's election of
 13-2    directors.
 13-3          (b)  To be eligible for election under this section, an
 13-4    individual must file a written notice of the individual's
 13-5    candidacy.  The individual must file the notice:
 13-6                (1)  at the district's business office during business
 13-7    hours in the month of August; and
 13-8                (2)  in accordance with district rules.
 13-9          (c)  The district shall post a notice stating the
13-10    requirements of Subsection (b) in a prominent public place.
13-11          (d)  If only one individual files a notice of candidacy for a
13-12    director's office during the period specified by Subsection (b)(1):
13-13                (1)  an election to fill that position is not required;
13-14    and
13-15                (2)  on the established election date, the directors
13-16    shall:
13-17                      (A)  declare the single candidate as the director
13-18    for that office; and
13-19                      (B)  certify the selection of the individual as
13-20    director in the manner provided by Subsection (f) for an elected
13-21    director.
13-22          (e)  If more than one individual files a notice of candidacy
13-23    for a director's office during the period specified by Subsection
13-24    (b)(1), the election shall be held at a meeting of eligible voters
13-25    scheduled under Subsection (a).  The district shall print ballots
13-26    with the names of the candidates for each director's office to be
13-27    filled.  The district by rule shall provide for allowing eligible
 14-1    voters by personal appearance to cast votes on printed ballots at
 14-2    the district's business office instead of at the meeting.  The
 14-3    rules must provide for votes to be accepted at the district's
 14-4    business office during regular business hours for a period
 14-5    beginning on the 17th day before the date of the meeting and
 14-6    continuing through the fourth day before the date of the meeting,
 14-7    including at least one Saturday during that period.  If, because of
 14-8    the date scheduled for the meeting, it is not possible to begin
 14-9    early voting by personal appearance on the prescribed date, the
14-10    early voting period shall begin on the earliest practicable date as
14-11    set by the district.  [The eligible voters meeting for the purpose
14-12    of electing a director shall proceed by electing a chairman, a
14-13    secretary, and tally clerks.  Nominations are then in order, and
14-14    when nominations have ceased, the secretary shall announce the
14-15    nominees.]  Each eligible voter present at the scheduled meeting
14-16    shall cast a vote by ballots printed under this subsection [written
14-17    ballot].  If after tabulation by the district of the votes cast at
14-18    the district office and the votes cast at the meeting [by the tally
14-19    clerks] no nominee has received a majority of the votes [cast], the
14-20    two candidates receiving the largest number of votes shall be voted
14-21    on in a second ballot, and the candidate receiving the largest
14-22    number of votes among those cast at the district office and those
14-23    cast at the meeting in the second ballot is elected.  The district
14-24    by rule shall provide for certifying eligible voters voting at the
14-25    district office and at the meeting.
14-26          (f) [(c)]  The directors [secretary] shall:
14-27                (1)  record the proceedings of the meeting; and
 15-1                (2)  not [shall, no] later than the fifth day after the
 15-2    date [day] of the election, certify to the state board the name and
 15-3    the proper address of the person elected.
 15-4          (g) [(d)]  The Election Code does not apply to elections
 15-5    under this section.
 15-6          SECTION 14.  Section 201.303(d), Agriculture Code, is amended
 15-7    to read as follows:
 15-8          (d)  The state board shall set priorities for allocation of
 15-9    cost-share assistance funds consistent with the purposes provided
15-10    by Section 201.302 of this code.  The state board may consider
15-11    local priorities and needs in establishing priorities.  The state
15-12    board shall:
15-13                (1)  give greater weight among the priorities set under
15-14    this subsection to allocation of funds to owners of land adjacent
15-15    to the priority areas identified under Section 201.026(e); and
15-16                (2)  keep records of financial incentive disbursements
15-17    to owners of land adjacent to the priority areas identified under
15-18    Section 201.026(e).
15-19          SECTION 15.  (a)  The changes in law made by this Act in the
15-20    qualifications of, and the prohibitions applying to, the members of
15-21    the State Soil and Water Conservation Board do not affect the
15-22    entitlement of a person serving as a member of the board
15-23    immediately before September 1, 2001, to continue to carry out the
15-24    functions of the person's office for the remainder of the person's
15-25    term.  The changes in law apply only to a person appointed on or
15-26    after September 1, 2001.  This Act does not prohibit a person who
15-27    is a member of the State Soil and Water Conservation Board
 16-1    immediately before September 1, 2001, from being reappointed as a
 16-2    board member if the person has the qualifications required for the
 16-3    position under Chapter 201, Agriculture Code, as amended by this
 16-4    Act.
 16-5          (b)  The changes in law made by this Act to Section 201.073,
 16-6    Agriculture Code, apply only to an election of directors of a soil
 16-7    and water conservation district required to be held in 2002 or a
 16-8    subsequent year.  An election of a director in 2001 is governed by
 16-9    the law as it existed immediately before the effective date of this
16-10    Act, and the former law is continued in effect for that purpose.
16-11          SECTION 16. This Act takes effect September 1, 2001.